2013 US Code
Title 16 - Conservation
Chapter 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT (§§ 551 - 583j-9)
Subchapter I - GENERAL PROVISIONS (§§ 551 - 580q)
Section 580d - Use of Forest Service structures or improvements and land by public and private agencies, etc.; terms
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 3 - FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT SUBCHAPTER I - GENERAL PROVISIONS Sec. 580d - Use of Forest Service structures or improvements and land by public and private agencies, etc.; terms |
Contains | section 580d |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Apr. 24, 1950, ch. 97, §7, 64 Stat. 84; Pub. L. 105-277, div. A, §101(e) [title III, §346], Oct. 21, 1998, 112 Stat. 2681-231, 2681-298. |
Statutes at Large References | 64 Stat. 84 112 Stat. 2681-231 115 Stat. 471 117 Stat. 275, 1307 118 Stat. 3098 119 Stat. 559, 561 123 Stat. 748 125 Stat. 1045 |
Public Law References | Public Law 90-171, Public Law 105-277, Public Law 107-63, Public Law 108-7, Public Law 108-108, Public Law 108-447, Public Law 109-54, Public Law 111-8, Public Law 112-74 |
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The Secretary of Agriculture, under such regulations as he may prescribe and at rates and for periods not exceeding thirty years as determined by him, is authorized to permit the use by public and private agencies, corporations, firms, associations, or individuals, of structures or improvements under the administrative control of the Forest Service and land used in connection therewith: Provided, That as all or a part of the consideration for permits issued under this section, the Secretary may require the permittees at their expense to renovate, recondition, improve, and maintain the structures and land to a satisfactory standard.
(Apr. 24, 1950, ch. 97, §7, 64 Stat. 84; Pub. L. 105–277, div. A, §101(e) [title III, §346], Oct. 21, 1998, 112 Stat. 2681–231, 2681–298.)
AMENDMENTS1998—Pub. L. 105–277, which directed the substitution of "renovate, recondition, improve, and maintain" for "recondition and maintain,", was executed by making the substitution for language which did not include a comma after "maintain" to reflect the probable intent of Congress.
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENTPub. L. 109–54, title V, Aug. 2, 2005, 119 Stat. 559, as amended by Pub. L. 111–8, div. E, title IV, §422, Mar. 11, 2009, 123 Stat. 748; Pub. L. 112–74, div. E, title IV, §421, Dec. 23, 2011, 125 Stat. 1045, provided that:
"SEC. 501. SHORT TITLE."This title may be cited as the 'Forest Service Facility Realignment and Enhancement Act of 2005'.
"SEC. 502. DEFINITIONS."In this title:
"(1)
"(A) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
"(B) any Federal land associated with a facility or improvement described in subparagraph (A) that was acquired or is used specifically for purposes of administration of Forest Service activities and underlies or abuts the facility or improvement; or
"(C) not more than 10 isolated, undeveloped parcels per fiscal year of not more than 40 acres each that were acquired or used for purposes of administration of Forest Service activities, but are not being so utilized, such as vacant lots outside of the proclaimed boundary of a unit of the National Forest System.
"(2)
"(A) a forest headquarters;
"(B) a ranger station;
"(C) a research station or laboratory;
"(D) a dwelling;
"(E) a warehouse;
"(F) a scaling station;
"(G) a fire-retardant mixing station;
"(H) a fire-lookout station;
"(I) a guard station;
"(J) a storage facility;
"(K) a telecommunication facility; and
"(L) other administrative installations for conducting Forest Service activities.
"(3)
"(4)
"(a)
"(b)
"(1) by sale;
"(2) by lease;
"(3) by exchange;
"(4) by a combination of sale and exchange; or
"(5) by such other means as the Secretary considers appropriate.
"(c)
"(d)
"(1) Any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes.
"(2) Any land included within the National Wilderness Preservation System, the Wild and Scenic River System, or a National Monument.
"(3) Any land that the Secretary determines—
"(A) is needed for resource management purposes or to provide access to other land or water;
"(B) is surrounded by National Forest System land or other publicly owned land, if conveyance would not be in the public interest due to the creation of a non-Federal inholding that would preclude the efficient management of the surrounding land; or
"(C) would be in the public interest to retain.
"(e)
"(1)
"(A) a list of the anticipated conveyances to be made, including the anticipated revenue that may be obtained, using the authority provided by this title or other conveyance authorities available to the Secretary;
"(B) a discussion of the intended purposes of any new revenue obtained using this authority or other conveyance authorities available to the Secretary, and a list of any individual projects that exceed $500,000; and
"(C) a presentation of accomplishments of previous years using this authority or other conveyance authorities available to the Secretary.
"(2)
"(3)
"(f)
"(g)
"(a)
"(1)
"(A) to maximize the marketability of the administrative site; and
"(B) to achieve management objectives.
"(2)
"(3)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) the Secretary making a cash payment to the person or entity acquiring the administrative site; or
"(ii) the person or entity acquiring the administrative site making a cash equalization payment to the Secretary.
"(c)
"(1) by conducting an appraisal that is performed in accordance with—
"(A) the Uniform Appraisal Standards for Federal Land Acquisitions, established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
"(B) the Uniform Standards of Professional Appraisal Practice; or
"(2) by competitive sale.
"(d)
"(1)
"(2)
"(3)
"(A) provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material; and
"(B) obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.
"(4)
"(A) analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
"(B) determine whether to include terms, conditions, and reservations under subsection (a)(3); and
"(C) evaluate the alternative of not conveying the administrative site, consistent with the National Environmental Policy Act of 1969.
"(e)
"(1) not adequate to cover the market value of the administrative site; or
"(2) not otherwise in the public interest.
"(f)
"(a)
"(b)
"(1) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System; and
"(2) the conveyance of administrative sites under this title, including costs described in subsection (c).
"(c)
Pub. L. 107–63, title III, §329, Nov. 5, 2001, 115 Stat. 471, as amended by Pub. L. 108–7, div. F, title III, §325, Feb. 20, 2003, 117 Stat. 275; Pub. L. 108–108, title III, §322, Nov. 10, 2003, 117 Stat. 1307; Pub. L. 108–447, div. E, title III, §322, Dec. 8, 2004, 118 Stat. 3098, which gave the Secretary of Agriculture temporary and limited authority to convey excess structures located on National Forest System lands and to use the proceeds from those conveyances for certain maintenance and rehabilitation activities, was repealed, effective Sept. 30, 2006, by Pub. L. 109–54, title V, §503(g), Aug. 2, 2005, 119 Stat. 561, which also provided that the Secretary could complete any conveyance initiated before the effective date of the repeal.
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